Wright

Wright v. Ulta Salon, Cosmetics & Fragrance, Inc.

Good Law
United States District Court, Southern District of CaliforniaMarch 7, 20233:22-cv-01954California284 words

Opinion

Trial Court Opinion

UNITED STATES DISTRICT COURT SOUTHERN DISTRICT OF CALIFORNIA 10 JOAN WRIGHT, Case No. 22-cv-1954-BAS-BLM

Plaintiff,

ORDER DENYING MOTION TO

v. DISMISS AS MOOT

ULTA SALON, COSMETICS & (ECF No. 7)

FRAGRANCE, INC.,

15 Defendant.

Defendant Ulta Salon, Cosmetics & Fragrance, Inc. (“Ulta”) moved to dismiss Plaintiff Joan Wright (“Wright”)’s initial Complaint on February 17, 2023. (ECF No. 7.) Instead of opposing Ulta’s motion, Wright filed her Amended Complaint. Wright does not move for leave of court to file the Amended Complaint; rather, she amends her pleading as of right pursuant to Federal Rule of Civil Procedure (“Rule”) 15(a)(1)(B). Fed. R. Civ. P. 15(a)(1)(B) (“A party may amend its pleading once as a matter of course within . . . 21 days after service of a responsive pleading[.]”). Wright’s Amended Complaint supersedes and replaces her initial Complaint and, thus, renders moot Ulta’s motion to dismiss that original pleading. See Forsyth v. Humana, Inc., …

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